RMMS Secures Judgment Of Patent Invalidity After A Trial Involving Gatifloxacin Ocular Formulation and Method

August 9, 2013 | Small Molecules

08/09/2013 On August 9, 2013, the U.S. District Court for the District of Delaware issued a ruling finding the asserted claims of U.S. Reexamination Patent No. 6,333,045 to be invalid. In the litigation, the patentees sought to prevent RMMS’s client, Lupin, from marketing a generic equivalent to Zymar® (0.3 w/v% gatifloxacin) and Zymaxid® (0.5 w/v% gatifloxacin). After a bench trial, the District Court concluded that the asserted claims from the ‘045 patent were invalid as obvious. This victory continues to place RMMS at the forefront of generic challenges to brand pharmaceutical patents.

Deanne Mazzochi, Paul Molino, William Rakoczy, Anuj Wadhwa and John Polivick tried the case for Lupin.